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R-974 - 04/24/2007 - ZONING - Resolutions FRED BUCHOLZ OUPAGE COUNTY RECORDER JUN.27,2007 4:04 PM OTHER 06—28—306—001 004 PAGES R2007- 119973 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document RESOLUTION 2007-ZO-SD-FP-V-R-974 - - A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS GATTO'S SUBDIVISION - (A CONSOLIDATION OF TWO LOTS INTO A SINGLE LOT) AND GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 14-6-3K OF TITLE 14 ("SUBDIVISION REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO UTILITY EASEMENTS Property Address/es 3005 & 3009 Meyers Road (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK IL 60523 Pin Number/s 06-28-306-001 AND 06-28-306-002 Name &Address of Applicant: Brian J. Armstrong for George & Ann Gatto 105 E. Irving Park Road, Itasca, IL 60143 Name &Address of Responsible GATTO INDUSTRIAL PLATERS ATTN.: GEORGE GATTO Party to Receive Copy of 4620 W. ROOSEVELT ROAD Recorded Document and Billing: CHICAGO, IL 60644 G/L Account#to be Charged: 10-1365 Prepared B Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account#to be Charged: RESOLUTION 2007- ZO- SD- FP -V -R -974 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS GATTO'S SUBDIVISION (A CONSOLIDATION OF TWO LOTS INTO A SINGLE LOT) AND GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 14 -6 -3K OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO UTILITY EASEMENTS (3005 and 3009 Meyers Road; P.I.N. # 06 -28- 306 -001, 06 -28- 306 -002) WHEREAS, the Plan Commission of the Village of Oak Brook, on March 19, 2007, recommended the approval of the proposed Gatto's Subdivision (3005 and 3009 Meyers Road); and WHEREAS, the property at 3005 and 3009 Meyers Road is legally described as follows: Lot 160 and 161 in Ginger Creek, a subdivision of parts of Section 27 and 28, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof Recorded December 30, 1960 as Document 992057, in DuPage County, Illinois; and WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code; and WHEREAS, the owners of the property at 3005 and 3009 Meyers Road, George and Ann Gatto, have submitted a petition for a variation from the requirements of Section 14 -6 -3K of the Subdivision Regulations relative to the requirement that utility easements be located along the rear lot lines and side lot lines and that such easements occupy not less than the rear ten feet (10') of lot depth on each lot and not less than six feet (6') adjacent to side lot lines, to allow the utility easements to meander around certain trees that the owners wish to save from removal; and WHEREAS, Section 14 -7 -3A sets forth the authority to grant variations from the requirements of Title 14, in specific cases which, in the opinion of the Plan Commission, are in harmony with the intent and purpose of the official plan of the Village and in harmony with the spirit and intent of the restrictions in Title 14; and WHEREAS, in making its recommendation, the Plan Commission found that the variations requested are in harmony with the intent and purpose of the official plan of the Village and in harmony with the spirit and intent of the restrictions in Title 14; and WHEREAS, the Village President and Board of Trustees have considered the recommendations and findings of the Plan Commission and concur with same; and NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the Final Plat of Subdivision known as Gatto's Subdivision, prepared by Marchese and Sons, Inc., and received by the Village on March 5, 2007, be and is hereby approved, subject to the condition that the final plat be revised and approved by the Village Engineer prior to the Village's execution of such plat and recording thereof. Section 2: All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the subdivision and development of said Gatto's Subdivision, except as varied by this Resolution. Resolution 2007- SD- FP -V -R -974 Approving Final Plat Gatto's Subdivision (3005 and 3009 Meyers Road) P.I.N. #06 -28- 306 -001, 06 -28- 306 -002 Page 2 of 2 Section 3: A variation is hereby granted from the provisions of Section 14 -6 -3K of the Subdivision Regulations so as not to require a utility easement along the rear lot line of the consolidated lots. Section 4: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. Section 5: All resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict. APPROVED THIS 24th day of April, 2007. Kevin Qu' Ian Village resident PASSED THIS 24th day of April, 2007. Ayes: Trustees Aktipis, Craig, Kennedy Manofsky, Sanford and Yusuf Nays: None Absent: None ATTEST: Linda K. Gonnella CMC Village Clerk '',�• 1�1 9��+N�i"J 147 `. 00 ti K "'1 _ �� G� OF 0.44, P e9° � o 6 A O y G �A r 9CF C OUNTV Village of Oak Brook August 30, 2007 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Gatto Industrial Platers Administration Attention: Mr. George Gatto 630.368.5000 4620 W. Roosevelt road FAX 630.3630.36 8..5050 45 Chicago, IL 60644 Community Development 630.368.5101 Re: Recorded Documents on June 27, 2007: FAX 630.368.5128 GATTO'S SUBDIVISION-FINAL PLAT R2007-119972 RESOLUTION 2007-ZO-SD-FP-V-R-974 R2007-119973 Engineering 3005 & 3009 Meyers Road Department 630.368.5130 Oak Brook, Illinois 60523 FAX 630.368.5128 Dear Mr. Gatto: Fire Department 630.368.5200 FAX 630.368.5250 Copies of the above noted recorded documents are enclosed for your information. These are important records and should be retained in a secure area within your Police Department files. 630.368.8700 FAX 630.368.8739 If you need any further assistance in this matter, feel free to contact me at 630- Public Works 368-5056 on Monday through Friday from 9am to 5pm. Department 630.368.5270 FAX 630.368.5295 Sincerely, Oak Brook Public Library Linda M. Andrys 600 Oak Brook Road Records Management Clerk Oak Brook,IL 60523-2200 630.368.7700 FAX 630.368.7704 /lma Oak Brook Sports Core Enclosures Bath&Tennis Club 700 Oak Brook Road cc: Dale L. Durfey, Jr., Village Engineer Oak Brook,IL 60523-4600 Robert L. Kallien, Jr., Director of Community Development 630.368.6420 Official Files FAX 630.368.6439 Golf Club /RECDOC/2007-RECLTR-SD-FP-GATTO-3005&3009 MEYERS RD 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on April 24, 2007,the corporate authorities of the above municipality passed and approved Resolution 2007-ZO-SD-FP-V-R-974, A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS GATTO'S SUBDIVISION (A CONSOLIDATION OF TWO LOTS INTO A SINGLE LOT) AND GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 14-6-3K OF TITLE 14("SUBDIVISION REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO UTILITY EASEMENTS (3005 and 3009 Meyers Road; P.I.N. #06-28-306-001, 06-28-306-002) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records,journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 25th day of May , 2007. Pruss cc> � Charlotte K. Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois A �•• � g 9c � `tea 4010 \01 ,\ r V I L LAC F O F ZONING ZDQL INANCE FLOOD PLAIN OAK p, 1200 OAK BROOK ROAD APPEAL �C7f VARIATION �,,,. OAK BROOK, ILLINOIS 60521 $100 I,C� $300 654-2220 VARIATION fC71 SPECIAL US L—� $300 �1 $675 APPLICATION FOR PUBLIC IIF.ARING AMENDMENT TO BE FILED WITH VILLAGE CLERK $650 , SPECIAL USE $400 (Section 2-225, 8/11/8 ------------------------------------------------------------------------------------------------ ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJEC PROPERTY. ----------------------------------------------------- DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY Date Filed: Board of Trustees Referral -7 Notice Published: ` 1- 7 -9 b Newspaper: �c Date Adjacent Property Owners Notified: $' 7- �6 _ Staff Referral: Public Hearing Dates: Plan Commission Zoning Board of Appeals Z- 96 Board of Trustees J -9- Board of Trustees `?- Z (A proval of Ordinanc Receipt No. : f Receiv FEE PAID: $ c � ed By: L Village Clerk ------------------------------------------------------------------------------------------------ APPLICAyr TO COMPLETE LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER�]fi_2a_aQh_0W LOT NO. 160 SUBDIVISION ', GINGER CREEK ADDRESS SEE ATI'ACIIE) -EGAT ZONING R-2 SINGLE FAMILY ZONING ORDINANCE SECTION FLOOD PLAIN-n1AP TFR 10 ACTION REQUESTED SPECIAL USE PERMIT TO BUILD A HOUSE JUTIi BA.SE["I ]NT IN GINGER CREEK FLOOD PLAIN DIVER OF 64ATER RETAINMEI\]T AS PER ATTACHED LAYOUT WITH VIATER RETENTION DATA. PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER UC . AGENT '1 OWNER(S) OF RECORD AMERICAN NATIONAL BANK. TRUST R32370 _ PHONE NUMBER tir,i_5nnn ADDRESS T� ZIP rn6n? BENEFICIARY(IES) OF TRUST: q TCNIN TH PHONE NUMBER 848-122q ADDRESS 520 NORTH OAK PARK AVEI�IL� , (IATC PARK, TT T TT\tnTS ZIP tin-m NAME OF APPLICANT - TT .T NA'T'FTT PHONE NUMBER g-A2 j 222 ZIP _ 601 AR ADDRESS 3 I (we) certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my (our) knowledge and belief. signature Applicant Date signatur� Applicant Date 1 N 1 ILL it) i" 'c i 1 L10 13 Filing Schedule VARIATION: MUST BE RECEIVED APPROXIMATELY SIX (6) WEEKS PRIOR TO THE PUBLIC DARING HP,-LD ON THE FIRST TUESDAY OF EACH MONTH. AMENDMT OR SPECIAL USE: MUST BE RECEIVED PRIOR TO THE 15TH OF THE "TH FOR PLAN COMMISSION HEARING ON 111E THIRD MONDAY OF THE FOLLOWING MONTH, WITH ZONING BOARD PUBLIC HEARING TO FOLLOW. A Variation is a zoning adjustment which permits minor changes of district require- ments where individual properties are both harshly and uniquely burdened by the strict application of the law. The power to vary is restricted and the degree of Variation is limited to the minimum change necessary to overcome the inequality inherent in the property. 1. A Variation recognizes that the same district requirements do not affect all properties equally; it was invented to permit minor changes to allow hardship prop- erties to enjoy equal opportunities with properties similarly zoned. You mast prove that your land is affected by special circumstances or unusual conditions. These must result in uncommon hardship and unequal treatment under the strict ap- plication of the Zoning Ordinance. Where hardship conditions extend to other prop- erties a Variation cannot be granted. The remedy for general hardship is a change of the map or the text of the Zoning Ordinance. 2. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted by your present zoning district. Since zoning regulates land and not people, the following conditions cannot be considered pertinent to the applica- tion for a Variation: (1) Proof that a Variation would increase the financial re- turn from the land, (2) Personal hardship, (3) Self-imposed hardship. In the last case, the recognition of conditions created after the enactment of the Zoning Ordi- nance would encourage and condone violation of the law. 3. No Variation may be granted which would adversely affect surrounding property or the general neighborhood. All Variations must be in harmony with the intent and purposes of the Zoning Ordinance. Names of Surrounding Property Owners Following are the names and addresses of surrounding property owners from the property in question for a distance of 250 feet in all directions, and the number of feet occupied by all public roads, streets, alleys, and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. Name Address N.J. SAVIANO 3nng N11+,SmRS Rnnn OAK BROOK, TTT11\10TS 60521 LOUIS J. KRAJACK 2035 SOUTH RACTNF, C'HT(AC',n, TT,T,TTQOTS 60602 JOHN & EILEEN McCULLOUGH 2925 MEYERS ROAD, OAK BROOK, TILDLIS 60521 DALE R. rMOMPSON 3001 Mn R.S ROAD, OAK B$DOK, ILL11401 60521 BILL & DOROTHY MIKUSKA 3005 A 7FN-LiF: T nRTT?, OAK BROOK, TTIT,=TS 60521 SHAMSEDDEJ SARHADDI 2007 AV NRIF TORTE, OAK BROOK, TT,T,TNOTS 60521 ' -HAMBORD SWIM & TMMIS (2 lots) 4513 TTNC-nTN AVFMTF TTSTF,_TTT.TNOTS 60532 THE LAW OFFICES OF ALFRED P. BIANUCCI, LTD. 1301 WEST 22-o STREET OAK BROOK,ILLINOIS 60521 (312) 6S4-2900 CHICAGO OFFICE III WEST WASHINGTON STREET ALFRED R. BIANUCCI CHICAGO,ILLINOIS 60602 September 15 , 1986 Mr. Bruce F. Kapff Assistant to the Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 In re: Hathi - Flood Plain Special Use ( 3005 Meyers Road) Dear Bruce: Pursuant to your conversation with Lois Johnson this morning, this will act as our withdrawal, on behalf of Ken Hathi, of the application for Flood Plain Variance and Special Use. Bruce, thank you for your usual superb attention to and cooperation in this matter. Very truly yours , THE LAW OFFICES OF ALFRED P. BIANUCCI , LTD. By Alfred P. Bianucci APB:djb CC: Mr. K. J. Hathi Dinesh M. Lakhani, Esq. S E P 1 1986 V!LLAGE OF OAK BRON, IL. ADMINISTRATION f « .; .'" , Ott oil C3VC3 bEoil Job , .. ome S3WO.5 t inwur 6M • '"a °�""� S�JNIAYS 41SY1H1 - "` .- tS OWNERS CERTIFICATE STATE OF ILLINOIS S.S. COUNTY OF DuPAGE THIS IS TO CERTIFY THAT THE UNDERSIGr=. c THE OWNER OF THE LAND DESCRIBED IN THE ANNEXED PLAT, AND H:. ;AUSED THE SAME TO BE SURVEYED AND SUBDIVIDED, AS INDiCAT,.D-.tREON, FOR THE USES AND PURPOSES THEREIN SET FORTH, AND DOES I✓, -FB+ ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEF� 6; 'NDICATED. THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON THIS PLAT FOR THOROUGHFARES, STREETS, ALLEYS. AND MUNICIPAL AND PUBLIC SERVICES: AND HEREBY ALSO RESERVES FOR AND GRANTS EASEMENTS FOR PUBLIC USE AND FOR THE INSTALLATION OF VARIOUS PUBLIC UTILITIES AS DESIGNATED AND/OR AS STATED IN THE UTILITY EASEMENT PROVISIONS WHICH ARE STATED HEREON. ALL EASEMENTS INDICATED AS PUBLIC UTILITY EASEMENTS ON THIS PLAT ARE RESERVED FOR AND GRANTED TO THE VILLAGE OF OAK BROOK AND TO THOSE PUBLIC AND PRIVATE UTI' ITY COMPANIES OPERATING WITHIN THE VILLAGE INCLUDING, BUT NOT LIMITED TO, AMERITECH, COMMONWEALTH EDISON COMPANY, NORTHERN ILLINOIS GAS COMPANY, FLAG CREEK WATER RECLAMATION DISTRICT AND THEIR SUCCESSORS AND ASSIGNS FOR THE PERPETUAL RIGHT, PRIVILEGE AND AUTHORITY TO INSTALL, CONSTRUCT, RECONSTRUCT, INSPECT, REPLACE, ALTER, ENLARGE. REMOVE, REPAIR, CLEAN, OPERATE AND MAINTAIN VARIOUS UTILITY, TRANSMISSION, DISTRIBUTION, COLLECTION AND DRAINAGE SYST-MS, TOGETHER WITH ANY AND ALL NECESSARY BUFFALO BOXES, CONNECTIONS, HYDRANTS, MANHOLES, CATCH BASINS, PIPES, SANITARY OR STORM SEWERS, SWALES, WATER MAINS, CABLES, WIRES, CONDUITS, TRANSFORMERS, PEDESTALS, AND WITHOUT LIMITATION SUCH OTHER APPURTENANCES OR DEVICES AS MAY BE DEEMED NECESSARY BY SAID VILLAGE OR UTILITY COMPANY UPON, ALONG, UNDER AND THROUGH SAID INDICATED EASEMENTS, TOGETHER WITH RIGHT OF ACCESS ACROSS THE PROPERTY FOR NEL.LSSARY WORKERS AND EQUIPMENT TO DO ANY OF THE ABOVE WORK AND THE RIGHT IS ALSO GRANTED TO CUT DOWN, TRIM OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS ON THE EASEMENT THAT INTERFERE WITH THE OPERATION OF SEWERS OR OTHER UTILITIES. NO PERMANENT BUILDINGS OR STRUCTURES SHALL BE PLACED ON SAID EASEMENTS, EXCEPT AS REFERENCED AEOVE, BUT SAME MAY BE USED FOR GARDENS, SHRUBS. LANDSCAPING AND OTHER PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH TH: